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Asking for a mate if 2 people wanta devorce an 1 is a temp…

Customer Question
Hey im asking for...

Hey im asking for a mate if 2 people wanta devorce an 1 is a temp resident what are their rights

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No she is not sure what to do

Lawyer's Assistant: Family law varies by state. What state are you in?

Wa

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Her husband keeps threating to get her deported she is only on a temt visa

Submitted: 2 months ago.Category: Australia Law
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Answered in 9 minutes by:
6/1/2018
Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,547
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

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Solicitor: John Melis, Lawyer replied 2 months ago

The party that is being threatened can obtain a protection visa if the relationship breaks down due to family violence.

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Solicitor: John Melis, Lawyer replied 2 months ago

A bridging visa will apply first.

You might be able to get a Protection visa (subclass 866) if all of the following apply:

  • you arrived in Australia legally
  • you engage Australia's protection obligations
  • you meet the health, character and security requirements
  • you meet one of the following criteria:
    • you are a refugee as defined by the Migration Act 1958
    • you meet the complementary protection criteria in the Migration Act 1958.
  • you are not barred from lodging a Protection visa application
  • the minister is satisfied that the grant of the visa is in the national interest.

According to the Migration Act 1958, refugees are people who are outside their home country and cannot return because they have a well-founded fear of persecution due to their:

  • race
  • religion
  • political opinion
  • nationality
  • membership of a particular social group.

Australia is obliged under the Refugees Convention to provide protection to refugees and to ensure they are not returned to any place where they are likely to face persecution for one of the five grounds under the Migration Act 1958.

Protection can also be provided to people who cannot be returned to their home country because they engage Australia's complementary protection obligations.

Read Protection obligations for more information.

You must undergo health examinations. This will protect your health and the health of the Australian community.

These examinations are conducted by Bupa Medical Visa Services.

You will be given a health identifier (HAP ID) and information about how to arrange your health examinations, after you have lodged your visa application.

You must meet certain character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until we ask you to.

You must meet certain identity requirements. It is your responsibility to cooperate and confirm your identity so these checks can be done accurately.

We will use information about your identity as part of assessing your claims for protection and completing character and security checks.

To be granted a Protection visa (subclass 866) you will need to be found to engage Australia’s protection obligations because you either:

  • are a refugee as defined by the Migration Act 1958
  • meet the complementary protection criteria in the Migration Act 1958.

You might also be eligible for a Protection visa if you are the family member of a person found to engage Australia's protection obligations.

This visa allows you to live and work in Australia as a permanent resident and have access to Medicare and Centrelink services.

You can use Visa Entitlement Verification Online (VEVO) for free to check your visa details and entitlements.

If you want to sponsor eligible relatives for permanent residence, you can do so under the family stream. In limited circumstances, you might be able to sponsor your eligible family member for this visa.

AUD 35

You will need to pay the visa application charge for your application to be processed. If you do not pay the whole visa application charge, or are paying this charge by credit card and have insufficient funds available, your visa application will be invalid. Information about how to pay the visa charge is available.

https://www.homeaffairs.gov.au/trav/refu/onsh

Would you like to consider this option.

You have a legal right to protect your interests in this important situation.

If you need any further information let me know and I will be pleased to assist.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.

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